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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
ANAND PATHAK, RAJENDRA KUMAR VANI
Ram Sahai Chiroliya – Appellant
Versus
District Bar Association, Datia Through Its Secretary – Respondent
ORDER :
1. Petitioner – Shri Ram Sahai Chiroliya, Shri Rajesh Kumar Saxena, present President, District Bar Association Datia and Shri Ram Naresh Dangi Secretary District Bar Association, Datia are present in person.
2. The present petition under Article 226 of the Constitution of India is filed by the petitioner seeking following reliefs:-
(2) That, any order and action passed in pursuance of the impugned order/letter may kindly be quashed/ set aside.
(3) That, any other suitable further writ, order or direction may kindly be passed in the interest of justice.”
3. In the present case, dispute is in respect of cancellation of membership of the petitioner from District Bar Association, Datia. He is enrolled at S.No. MP/1111/1989 by the State Bar Council of M.P. and is a practicing Advocate at District Datia. He was elected as President of the Executive Body of the District Bar Association Datia for the period 20172019. After his tenure is over, it appears that some amount of Bar Association was to be deposited
Cancellation of membership from a Bar Association must be ratified by the General Body and comply with model byelaws; any failure to adhere renders the cancellation invalid.
The main legal point established in the judgment is the importance of correctly interpreting the specific provisions of the Rules, 2006 in the context of affiliation, and ensuring that the denial of ....
Recognition of Bar Associations by the Bar Council is discretionary and cannot be claimed as an absolute right.
The Assistant Registrar lacked jurisdiction to review prior decisions regarding membership induction, and the failure to notify affected members violated natural justice principles.
The right to vote in Bar Association elections is governed by membership rules, not as a fundamental right, and non-compliance with enrolment requirements invalidates such rights.
The denial of benefits claimed must be reflected in the order; otherwise, it would be deemed as denied.
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